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(영문) 수원지방법원 2016.06.24 2016노93

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. An unfavorable circumstance is that a police officer who was in the course of performing his/her official duties commits a crime against a police officer who was in the course of his/her official duties and assault and assault, and that a police officer is punished by a defendant.

However, the fact that the degree of interference with the execution of official duties is relatively minor, there is no previous conviction in the same kind, there is no previous conviction exceeding the fine, and the fact that the crime of this case committed by contingent is against the depth is more favorable.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.